Evidence from Private Investigations in Judicial Proceedings

Knowledge of the evidentiary value attributed to statements concerning facts uncovered during a private investigation conducted by a private investigator hired by one of the parties in judicial proceedings. This includes knowledge of the concepts and doctrinal and jurisprudential approaches relating to unlawfully obtained evidence, Fundamental Rights in the obtaining and submission of evidence to proceedings, and the distinction between the roles of witness, expert witness and expert witness-testifier in the case of the private investigator.

Companies in any sector can use evidence obtained by private investigators to verify employees’ sick leave, as well as to investigate the theft of movable property from the workplace, embezzlement of funds, breaches of confidentiality and acts of corporate disloyalty committed by employees.

The use of evidence in employment proceedings can be challenging when seeking to avoid infringements of Fundamental Rights such as privacy, confidentiality, honour and the right to one’s own image. Given the complexity of determining which evidence is admissible in judicial proceedings under Spanish law, it is highly beneficial to have knowledge of case law concerning the admissibility of evidence related to investigations conducted by private investigators. The consultancy aims to ensure that companies engaging a private investigator can properly submit evidence supporting their claims in legal proceedings. Expertise in this field stems from academic research, with particular emphasis on knowledge of evolving case law and legal doctrine concerning the admissibility of evidence and infringements of Fundamental Rights.

Fully operational. This knowledge is available for immediate implementation through technical consultancy for legal, human resources or law firm departments requiring a solid scientific and jurisprudential basis for their cases.

• Human Resources (HR) Departments of Companies in Any Sector.
• Law Firms and Legal Advisory Firms.
• Insurance Companies and Mutual Insurance Organisations.
• Private Investigation Agencies (seeking to improve the procedural quality of their reports).
• Financial and Credit Institutions.

Olga Fuentes Soriano – Legal Science

Paloma Arrabal Platero – Legal Science